Langkilde N.O and Others v Wessels and Others (39315/2014) [2018] ZAGPPHC 87 (14 March 2018)

Langkilde N.O and Others v Wessels and Others (39315/2014) [2018] ZAGPPHC 87 (14 March 2018)

The court found that the first defendant voluntarily signed the Memorandum of Agreement, binding her property as security for the loan advanced to B-Tell (Pty) Ltd. The agreement did not require registration of the security against the title deed, as it was intended to secure the loan through the proceeds of the sale of the property. The claim had not prescribed, as the relevant date was the sale of the property in 2013 and summons was issued within the prescribed period. The contract was rectified to reflect the correct trust registration number. The first defendant's evidence was found to be unreliable and her technical defences were abandoned or dismissed. The plaintiffs proved their...

Citation
[2018] ZAGPPHC 87
Parties
Plaintiff: Victor Langkilde N.O; Plaintiff: Mary-Lynn Langkilde N.O; Plaintiff: Brian Eric Rees N.O; Defendant: Sandra Juliet Wessels; Defendant: Wynand Jurie Wessels; Defendant: Geldenhuys Meyer Attorneys
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 March 2018
Case Number
39315/2014
Procedural Posture
Civil Trial / Judgment After Consolidated Trial
Outcome
Plaintiffs' claim succeeded; first defendant ordered to pay R885,000 plus interest and costs; contract rectified.
Judges
C Pretorius
Legal Topics
Security for Debt, Written Agreement, Rectification of Contract, Trust Law, Prescription, Costs Order
Land and Property Civil Procedure Commercial and Corporate Security for Debt Written Agreement Rectification of Contract Trust Law Prescription +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Victor Langkilde N.O

Plaintiff

Mary-Lynn Langkilde N.O

Plaintiff

Brian Eric Rees N.O

Plaintiff

Sandra Juliet Wessels

Defendant

Wynand Jurie Wessels

Defendant

Geldenhuys Meyer Attorneys

Defendant

Procedural Posture

Civil Trial / Judgment After Consolidated Trial

Legal Issues

  1. 1 Whether the first defendant is liable to pay the plaintiffs R885,000 pursuant to the written agreement and security provided.
  2. 2 Whether the written agreement required registration of the security against the title deed.
  3. 3 Whether the claim has prescribed.

Ratio Decidendi

The court found that the first defendant voluntarily signed the Memorandum of Agreement, binding her property as security for the loan advanced to B-Tell (Pty) Ltd. The agreement did not require registration of the security against the title deed, as it was intended to secure the loan through the proceeds of the sale of the property. The claim had not prescribed, as the relevant date was the sale of the property in 2013 and summons was issued within the prescribed period. The contract was rectified to reflect the correct trust registration number. The first defendant's evidence was found to be unreliable and her technical defences were abandoned or dismissed. The plaintiffs proved their...

Court Disposition

Plaintiffs' claim succeeded; first defendant ordered to pay R885,000 plus interest and costs; contract rectified.

Orders

  • The third defendant is authorised and directed to pay the plaintiffs the sum of R885,000 from the proceeds of the sale of the property at 41 Willem Road, Eldoraigne Ext 3, Centurion, Pretoria, also known as Stand number 1572 Eldoraigne Ext 3.
  • The third defendant is authorised and directed to pay to the Trust interest on the sum of R885,000 calculated at the rate of 15.5% per annum from the date of transfer of the property out of the name of the first defendant to date of payment.